SoA <<<<Substitution of Attorney (Help)

[WellingtonChase]

What is the name of your state? NC
I cannot find the SOA form anywhere on the court websites. Can someone help me?

 

[garrula lingua]

I don't know how formal your sc crt is.
The top form of a filing is the 'caption' - the identification of the court by state, county and type, the name of the parties, the case number and the name of the Motion (eg: Substitution of Attorney).
The format under the caption is usually similar to this:

THE COURT AND ALL PARTIES ARE NOTIFIED THAT (your name & your party specification - plaintiff/petitioner or defendant/respondent): makes the following substitution:

1. Former legal representative
Party represented self , or
Attorney (name):

2. New legal representative
Party is representing self, or
Attorney
a. Name:
b. State Bar No.:
c. Address (number, street, city, ZIP, and law firm name, if applicable):
d. Telephone No. (include area code):

3. I consent to this substitution.

Date:

_____________________________ _________________________________
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY - you)

4. I consent to this substitution.

Date:

___________________________ ____________________________
(TYPE OR PRINT NAME) (SIGNATURE OF FORMER ATTORNEY)

5. I consent to this substitution.

Date:

____________________________ ______________________________
(TYPE OR PRINT NAME) (SIGNATURE OF NEW ATTORNEY)

 

[WellingtonChase]

SoA

Thank you Garrula,

I'm am so graciously thankful for your response. I see that North Carolina does not have such a form and that I have to create one. Do you happen to have an example so that I can visually see one in hard copy that I can duplicate for my state statue. There is no one here I can ask. If you can scan a copy of one and email it to my email address I would greatly appreciate it. If not I would understand.

 

[dcatz]

While I suspect that you could do it on pleading paper, if your state doesn’t have a mandatory form (and I hope that you asked at a local court to be sure that was not the case), the following is a link to California’s mandatory form, if it helps:
http://www.courtinfo.ca.gov/forms/fillable/mc050.pdf

 

[garrula lingua]

Wellington, what is the problem ?

Attorneys are usually anxious to sub out of a case where they are not going to be paid or client is unhappy with services.

The attorney, commonly, fills out & files the substitution form.

If you're in small claims court, a simple written notice to the court, with proof that it was served on the attorney may be sufficient. (How many appearances on this small claims case ??? ... if the attorney has not yet made a court appearance, there is no need for a sub of atty form - just fire him/her in writing (certified mail).

You only need the sub of atty form to inform the court that an attorney who has already appeared on your case, is being replaced.